Battery

Question 1

battery

Answer 1

Summary offence s.39 CJA

Question 2

Defintion of battery

Answer 2

Unlawful application of force by the defendant upon the victim (R v Ireland)

Question 3

Ar battery stage 1

Answer 3

Application
Force need not be direct
(Dpp v K)
(Fagan v MPC)
(R v santana-Bermudez)

Question 4

Ar Battery stage 2

Answer 4

Unlawful
No legal excuse
(Colins v wilcock) lord goff ‘most if the ordinary contacts of dsiky life are implied consented to by all who move in society and thus expose themselves to the risk of contact’

Question 5

Ar Battery stage 3

Answer 5

Physical force
(faulkner v talbot) any intentional or reckless touching of another person without consent or lawful excuse

Question 6

Mr battery

Answer 6

Intention or recklessness to all physical force (R v venna)
(R v parmenter) Subjective reckless